Ord. 1548 2017-11-27ORDINANCE NO. 1548
An ordinance extending the city limits of the City of Pearland, Texas, to
include certain land area within certain limits and boundaries and annexing
to the City of Pearland the area within such limits and boundaries (Area A,
approximately 885 acres of land generally located north of Brazoria County
MUD 22, east of County Road 564, south of County Road 92, and west of
County Road 48); approving a service plan for all of the area within such
limits and boundaries; containing an effective date and other provisions
related to the subject; and providing a savings and severability clause.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice
and publication in accordance with the requirements of §43.063, Tex. Local Govt. Code,
conducted two (2) public hearings regarding the City's intended annexation of certain territory
located contiguous to the City and within the City's extraterritorial jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on October 9, 2017
and on October 16, 2017, in the 2nd Floor Training Room, Public Safety Building, 2555 Cullen
Parkway, Pearland, Texas; and
WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for the
annexation of territory, including the preparation of a plan for extension of municipal services
into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state law
regarding newly annexed areas, including timely provision of municipal services as required by
law; and
WHEREAS, the City Council finds and determines that the annexation intended by this
Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and
welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas are hereby
extended to embrace and include all of the territory described and depicted in Exhibits "A" and
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ORDINANCE NO. 1548
"B" attached hereto and made a part hereof, with the exception of the properties identified in
Section 3 of this Ordinance which are specifically excluded from this annexation.
Section 2. The plan for extension of municipal services into the territory annexed to
the City of Pearland by the provisions of this Ordinance is set forth in the City of Pearland,
Texas, Service Plan for approximately 885 acres, more or less, to be annexed into the City of
Pearland, Brazoria County, Texas attached hereto as Exhibit "C" and made a part hereof for all
purposes. Such Municipal Service Plan is hereby approved.
Section 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of
Pearland offered certain property owners (agriculturally exempt properties) the right to maintain
their extraterritorial status and have their properties excluded from this annexation by entering
into a Development Agreement; therefore the properties that are the subject of the Development
Agreements attached hereto as Exhibits ("D", "E", "F", "G" and "H") are hereby excluded from
the boundaries of this annexation.
Section 4. The City Council officially finds, determines, recites and declares that
sufficient written notices of the date, hour, place and subject matter of the meetings of the City
Council at which this Ordinance was considered were posted at a place convenient to the public
at the City Hall of the City of Pearland for the time required by law preceding said meetings, as
required by law; and that said meetings have been open to the public, as required by law, at all
times during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notices and the contents and posting thereof.
Section 5. Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
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ORDINANCE NO. 1548
Section 6. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any
territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part
shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain
in full force and effect; and should this Ordinance for any reason be ineffective as to any part of
the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to
any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to
all of the remainder of such area, and the City Council hereby declares it to be its purpose to
annex to the City of Pearland, subject to the limitations contained herein, the area described in
Exhibit "A", attached hereto, regardless of whether any other part of such described area is
hereby effectively annexed to the City. Provided, further, that if there is included in the general
description of territory set out in Exhibit "A", attached hereto, any land or area which is already a
part of and included within the general limits of the City of Pearland, or which is presently part of
and included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to
be annexed as fully as if such excluded and excepted area was specifically described herein.
Section 7. Effective Date. This ordinance shall become effective immediately upon its
second and final reading.
PASSED and APPROVED on First Reading this the 13th Npvember, A. D., 2017.
TOM REID
MAYOR
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ORDINANCE NO. 1548
ATTEST:
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PASSED and APPROVED on Second and Final Reading this the 27th day of November,
A. D., 2017.
APPROVED AS TO
FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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EXHIBIT "A"
AREA A
METES AND BOUNDS DESCRIPTION
895 ACRES MORE OR LESS OUT OF
J. S. TALMAGE SURVEY, ABSTRACT 564
J.S. TALMAGE SURVEY ABSTRACT 566
R. B. LYLE SURVEY, ABSTRACT 538
H.T. & B. RR. CO. SURVEY, ABSTRACT 302
BRAZORIA COUNTY, TEXAS
The herein described 895 acres of land, more or less being generally located in the following
surveys and abstracts, J. S. Talmage Survey, Abstract 564, J. S. Talmage Survey, Abstract 566,
R. B. Lyle Survey, Abstract 538, H.T. & B. RR. Co. Survey, Abstract 302, Brazoria County
Texas; the NORTH line being the most easterly south line of Southern Trails West Section 1
according to the plat thereof filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 2006041142, the south line of Partial Replat of Southern Trails West
Section 1 according to the plat thereof filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2006069858, the southerly line of Southern Trails West Section 2
according to the plat thereof filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 2008052231 and a portion of the north right-of-way line of County Road 59
(Dallas Road); the EAST line being partially along the east right-of-way line of County Road 48
(Old Airline Road) and the west line of City of Pearland Ordinance 924 and partially along the
west line of City of Pearland Ordinance 31; SOUTH line being along the south line of Lots 14
and 10, through Lot 8, of Section 77, Allison Richey Gulf Coast Home Company Subdivision
(A.R.G.C.H.C.S.) according to the plat thereof as filed in Volume 02, Page 98 Brazoria County
Plat Records, north right-of-way line of County Road 894, and the north line of Municipal Utility
District No. 22; WEST line being partially along the east right-of-way line of County Road 564
(Woodfin), east line of City of Pearland Ordinance No. 1035, west line of City of Pearland
Ordinance No. 1509 and east line of City of Pearland Ordinance No. 1035;
All that certain 895 acres of land, more or less, to be annexed into the City of Pearland and being
all or portion of Lots 1-16, Section 84, Lots 1, 2, 3, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 24,
25, 26, 27, 28, 29, 33 and 34, Section 2, A.R.G.C.H.C.S., Lots 5, 6, 7, 8, 9, 10, 13 and 14,
Section 77 all being out of A.R.G.C.H.C.S. according to the plat thereof filed in Volume 02,
Page 98 Brazoria County Plat Records and being out of the above referenced Abstracts, Brazoria
County, Texas and being more particularly described by metes and bounds as follows;
Commencing at a point marking the intersection of the south line of City of Pearland Ordinance
Number 880 and the west right-of-way line of said County Road 48; Thence Southerly 1,320'
more or less, with the west right-of-way line of said County Road 48 to a point on the north line
of that certain tract described in a deed dated 08-13-1998 from John Garcia Vazquez to Yolanda
Vasquez as filed in the Official Records of Real Property of Brazoria County at Clerk's File
Number 98-034586 and a point on the south line of said Southern Trails West Section 1 and
marking the POINT OF BEGINNING of herein described tract;
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1. Thence Easterly — 60', more or less, to the west line of City of Pearland Ordinance No. 924
to a point for corner;
2. Thence Southerly — 2,628', more or less, with the west line of City of Pearland Ordinance
No. 924 and the east right-of-way line of said County Road 48 to a point for comer;
3. Thence Easterly — 1,296', more or less, with the southerly line of Southern Trails, Section 13
according to the plat thereof filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2013059160 and continuing with City of Pearland Ordinance
No. 924 to a point for comer;
4. Thence Southerly — 1,220', more or less, continuing with City of Pearland Ordinance No.
924 to a point on the north line of City of Pearland Ordinance No. 31 (100' wide strip);
5. Thence Westerly — 1,435', more or less with the northerly line of City of Pearland Ordinance
No. 31 to a point for corner;
6. Thence Southerly — 2,970', more or less, with the west line of City of Pearland Ordinance
No. 31 to a point for corner;
7. Thence Westerly — 2,310', more or less, with the north line of a 40' wide roadway (not open)
between Lots 3, 4, 11, 12, 20, 21, 29, 30 of said Section 2, A.R.G.C.H.C.S. and the south line
of that certain called 36.8423 acres (Tract 2) described in a deed dated 04-08-2008 from
Haddock Construction to City of Pearland as filed in the Official Records of Real Property of
Brazoria County at Clerk's File Number 2008018541 to a point for comer;
8. Thence Southerly — 1,468', more or less with the west line of a 40' wide roadway (not open)
and the west line of Lots 4 and 5 of said Section 2, A.R.G.C.H.C.S. and the east line of that
certain called Tract 3, 57.2084 acres described in a deed dated 04-08-2008 from Haddock
Construction to City of Pearland as filed in the Official Records of Real Property of Brazoria
County at Clerk's File Number 2008018541 to a point for comer;
9. Thence Easterly — 2,306', more or less, with the south line of Lots 5, 14, 23 and 32 and the
north line of Lots 6, 15, 24, and 33 of said Section 2, A.R.G.C.H.C.S. to a point on the west
line of City of Pearland Ordinance No. 31;
10. Thence Southerly — 2,262', more or less, with the west line of said City of Pearland
Ordinance No. 31 to a point for comer;
11. Thence Westerly — 1,240', more or less, with the common line between Lots 10, 11, 14 and
15, Section 77 of said A.R.G.C.H.C.S. to a point for corner located on the west right-of-way
line of County Road 888;
12. Thence Southerly — 880', more or less, with the west right-of-way line of County Road 888
and the east line of those certain tracts described in deeds dated 08-09-2013 from Wendy
Williams to Gregory West as filed in the Official Records of Real Property of Brazoria
County at Clerks File Numbers 2013030313 and 2013039314 to a point for comer;
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13. Thence Westerly — 640', more or less, with the south line of said Gregory West tract as filed
in the Official Records of Real Property of Brazoria County at Clerk's File Number
2013039313 to a point for corner;
14. Thence Northerly — 2,220', more or less, with the common line of Lots 1, 2, 3, 4, 5, 6, 7 and
8 of said Section 77 A.R.G.C.H.C.S. to a point for corner;
15. Thence Westerly — 660', more or less, with the north right-of-way line of County Road 894
to a point for corner;
16. Thence Southerly — 1,340', more or less, with the west line of Lots 1 and 2 of said section 77
A.R.G.C.H.C.S and the east line of that certain tract described in a deed dated 2-10-1998
from Highway 6 / 1532 to Michael J. Prather, et al. as filed in the Official Records of Real
Property of Brazoria County at Clerk's File Number 98-008292 and the east line of that
certain tract described in a deed dated 07-20-2007 from Kerry M. Schexnayder to Richard E.
Okoloise, et ux. as filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 2007042054 to a point for corner;
17. Thence Westerly — 2,223', more or less, with a portion of the north line of Municipal Utility
District No. 22 and the north line of Laurel Heights at Savannah, Section 8 according to the
plat thereof filed in the Official Records of Real Property of Brazoria County at Clerk's File
Number 2015042586 and north line of Laurel Heights at Savannah, Section 9 according to
the plat thereof filed in the Official Records of Real Property of Brazoria County at Clerk's
File Number 2015042591 and the south line of that certain tract described in a deed dated
6-28-2016 from Jose Luis Flores, Jr. to Frank Tejano as filed in the Official Records of Real
Property of Brazoria County at Clerk's File Number 2016030286 to a point for comer;
18. Thence Northerly — 1,164', more or less, with a portion of the most northerly east line of
Municipal Utility District No. 22 to a point for comer;
19. Thence Westerly — 403', more or less, with a portion of the north line of Municipal Utility
District No. 22 to a point for comer;
20. Thence Northerly — 5,423', more or less, with the east right-of-way of County Road 564
(Woodfin) to a point on the south line of City of Pearland Ordinance No. 1035;
21. Thence Easterly — 547', more or less, with the south line of City of Pearland Ordinance No.
1035 and the north line of that certain tract as described in a deed dated 06-06-2012 from
Housing and Urban Development to Santos E. Rios, et ux. as filed in the Official Records of
Real Property of Brazoria County at Clerk's File Number 2012025060 to a point on a curve
to the right having a radius of 1,175.92' and a central angle of 12° 58' 11";
Thence the following (2) courses with the south line of City of Pearland Ordinance No. 1035 and
the north right-of-way line of County Road 59 (Dallas Road);
22. Thence with said curve an arc distance of 266.2', more or less, to a point for comer;
23. Thence Easterly — 1,818', more or less, to a point for comer;
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24. Thence Northerly — 2,627', more or less, with the east line of City of Pearland Ordinance No.
1035 and the east line of Southlake, Section 5 according to the plat thereof filed in the
Official Records of Real Property of Brazoria County at Clerk's File Number 2014037921
and the east line of Southlake, Section 11 according to the plat thereof filed in the Official
Records of Real Property of Brazoria County at Clerk's File Number 2016018809 to a point
for corner;
25. Thence Easterly — 2,580', more or less, with the south line of said Southern Trails West,
Section 1 and Partial Replat of Southern Trails West, Section 1 and Southern Oaks according
to the plat thereof filed in the Official Records of Real Property of Brazoria County at
Clerk's File Number 2016005932 and most easterly south line of City of Pearland Ordinance
No. 1035 and the south line of City of Pearland Ordinance No. 1509 to a point for corner;
26. Thence Northerly — 830', more or less, with the east line of said City of Pearland Ordinance
No. 1509 to a point for corner;
27. Thence Westerly — 600', more or less, with the north line of City of Pearland Ordinance No.
1509 to a point for corner;
28. Thence Northerly — 472', more or less, with a portion of the east line of City of Pearland
Ordinance No. 1035 and the east line of said Southern Oaks to a point for corner;
29. Thence Easterly — 630', more or less, with the south line of said Southern Trails West,
Section 1 to the POINT OF BEGINNING and containing 895 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not be used to convey or establish interest in real property except those
right and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
This metes and bounds description is accompanied by a separate plat, drawing or exhibit per
Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices"
Section 663.19(9).
Compiled by:
C.L. Davis & Company
Firm No. 10082000
Job Number: 11-421-161-AREA A-M&B
08-22-2017
11-421-161-AREA A-M&B
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CITY OF PEARLAND
Proposed Annexation Area: A
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sea Annex Area (MEN
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Exhibit C — Service Plan
CITY OF PEARLAND, TEXAS
SERVICE PLAN FOR AREA A — 895 acres located north of Brazoria County MUD 22,
east of County Road 564, south of County Road 92, and west of County Road 48
I. INTRODUCTION
This Service Plan ("Plan") is made by the City of Pearland, Texas ("City") pursuant to Chapter
43 of the Local Government Code ('the Act"). This Plan relates to the annexation by the City of
land located adjacent to the City limits and encompassing approximately 895 acres in Brazoria
County, Texas. The Tract is described by metes and bounds in "Exhibit A", and by map in
"Exhibit B" which are attached to this Plan and to the annexation ordinance of which this Plan is
a part.
II. TERM: EFFECTIVE DATE
This Plan will be in effect for a term of ten years commencing on the effective date of the
annexation of the Tract. Renewal of this Plan will be at the option of the City. Such option may
be exercised by the adoption of an ordinance by the City Council, which refers to this Plan and
specifically renews this Plan for a stated period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (I) the Early Action Program,
described below, and (II) a Capital Improvement Program according to the Texas Local
Government Code, Chapter 43, described below.
B. Scope and Quality of Services. This Plan will provide a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance currently provided and available in other
parts of the municipality with topography, land use, and population density similar to the
Tract. However, it is not the intent of this Plan to require that a uniform level of services
be provided to all areas of the City (including the Tract) where differing characteristics of
topography, land utilization and population density are considered as sufficient basis for
providing differing service levels.
C. Definitions.
1. As used in this Plan, "providing services" includes having services provided by any
method or means by which the City extends municipal services to any other area of
the City. This may include causing or allowing private utilities, governmental entities
and other public service organizations to provide such services, in whole or part.
2. As used in this Plan, the phrase "Standard Policies and Procedures" means those
policies and procedures of the City applicable to a particular service which are in
effect either at the time that the service is requested or at the time that the service is
made available or provided. The policies and procedures may require that a specific
type of request be made, such as an application or a petition. They may require that
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fees or charges be paid, and they may include eligibility requirements and similar
provisions.
D. Early Action Program
1. Statutory Services. The statutory services will be provided within the Tract within
the period that meets or exceeds that required by State law. The following services
will be provided in accordance with Standard Policies and Procedures immediately
upon the effective date of the annexation:
a. Police Protection: The Police Department of the City will provide protection
and law enforcement in the Tract. These activities will include normal patrols
and responses, the handling of complaints and incident reports, and, as
appropriate, support by special units of the Department.
b. Fire Protection: The Pearland Fire Department (PFD) of the City of Pearland
will continue to serve the area.
c. Emergency Medical Service: Currently, the tract is service by the Pearland
Fire Department (PFD) under an agreement with the county. PFD has
Firefighters that are EMS trained and certified, and will continue to provide
emergency medical service, including ambulance transportation services, to
the Tract.
d. Solid Waste and Recycle Collection: Service will be provided to eligible
property by private contractor, under contract with the City. To be eligible for
City solid waste and recycled collection service, property must have frontage
on a public street or other approved location and place solid waste in
containers approved for the specific type of occupancy. Any person currently
being serviced by a privately owned solid waste or recycling management
service provider may continue to use that service for two years after the
effective date of the annexation. Those who receive services from the City's
solid waste and recycling collection contractor will be billed for the service, in
accordance with the contract between the City and the solid waste contractor.
e. Operation and Maintenance of Water and Wastewater Facilities: Existing
public water and wastewater facilities, if any, will be operated and maintained
by the City or by private contractor under contract to the City.
f. Operation and Maintenance of Road and Streets (including lighting): Existing
public roads and streets (including county roads), and lighting and traffic
control devices, if any, will be operated and maintained by the City, subject to
the jurisdiction of other governmental entities. State highways and farm -to -
market roads remain the primary responsibility of the Texas Department of
Transportation, for instance. Existing roadside drainage ditches not
maintained under the jurisdiction of another entity (such as Texas
Department of Transportation) will be operated and maintained by the City.
Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Existing public parks, playgrounds, and swimming pools, if any, will be
operated and maintained by the City. Facilities owned and operated by
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g.
Page 10 of 59
homeowner's associations (HOAs) will continue to be owned and operated by
the respective HOAs.
h. Operation and Maintenance of Any Other Publicly Owned Facility, Building or
Service: Existing publicly owned or operated facilities, buildings, or services,
if any, will be operated and maintained by the City or by private contractor
under contract to the City.
2. Additional Services. Certain services, in addition to the statutory services, will be
provided in accordance with Standard Policies and Procedures within the Tract to the
same extent they are provided to similar territories elsewhere in the City. These are
as follows:
a. Library Service will be provided from existing facilities and future facilities
outside the Tract. Residents of the Tract will be eligible for borrowing
privileges at City/County libraries on the same basis as current residents.
b. Health services will be provided by the City Health Department to area
residents and businesses. Health services include City inspection of
restaurants, grocers and Animal Services related matters.
c. Code Enforcement personnel will enforce the City's housing code and
ordinances against junk motor vehicles, high weeds, unsafe buildings, and
illegal dumping of refuse.
d. Other City Services, to the extent applicable to persons or properties within
the Tract, in accordance with standard policies and procedures will be
provided.
E. Capital Improvement Program
As necessary, the City will initiate the construction of certain capital improvements
necessary for providing municipal services for the Tract. Those improvements, which are
necessary, are indicated below. Access to the improvements will be in accordance with
Standard Policies and Procedures. The improvements shall be completed as soon as
reasonably possible and shall be substantially completed within the time period indicated
below.
1. Police Protection: Additional capital improvements are not necessary at this time
to provide police protection. The Tract will be included with other territory in
connection with planning for new, revised, or expanded public safety facilities.
2. Fire Protection: Additional capital improvements are not necessary at this time to
provide fire protection. The Tract will be included with other territory in connection
with planning for new, revised, or expanded public safety facilities.
3. Emergency Medical Service: Additional capital improvements are not necessary
at this time to provide emergency medical service. The Tract will be included with
other territory in connection with planning for new, revised, or expanded public
safety facilities.
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4. Solid Waste Collection: No capital improvements are necessary at this time to
provide solid waste collection services within the Tract. The Tract will be included
with other territory in connection with planning for new revised or expanded solid
waste facilities.
5. Water and Wastewater Facilities: Additional capital improvements are not
necessary at this time to service the tract. The cost of future connections to
available water and sewer lines will be the responsibility of the Tract owners, as it
is within the existing City utility system following standard policies and
procedures. Impact fees also will be assessed at the time of future connections to
the City's utility system or upon issuance of building permits for lots developed
within the Tract.
The City will make wastewater treatment capacity in existing or future wastewater
treatment plants built and operated by the City available for the Tract.
Construction of facilities to collect and transmit wastewater to treatment plants will
occur as development occurs in and around the tract. Facilities will be
constructed by either the City or private developer.
The City will make potable water capacity available from existing or future
sources built and operated by the City available to the Tract. The City currently
operates its own ground water wells and purchases wholesale surface water via
contract from third parties. Construction of facilities to collect and transmit water
to the tract will occur as development occurs in and around the tract. Facilities will
be constructed by either the City or private developer.
6. Roads and Streets (including lighting): Additional roads, streets, or related
facilities are not necessary at this time to serve the tract. Future extensions or
widening of roads or streets and future installation of related facilities, such as
traffic control devices or street lights will be undertaken in accordance with
Standard Policies and Procedures. The Tract will be included with other territory
in connection with planning for new, revised, widened, or enlarged roads, streets,
or related facilities.
7. Parks, Playgrounds, and Swimming Pools: Additional capital improvements are
not necessary at this time to provide such services to the Tract. The Tract will be
included with other territory in connection with planning for such facilities.
8. Other Publicly -Owned Facilities, Building or Services: All other City functions and
services, and the additional services described above, can be provided for the
Tract by using existing capital improvements. Additional capital improvements are
not necessary to provide City services, but the Tract will be included with other
territory in connection with planning for new, revised, or expanded facilities,
buildings, or services.
1I. AMENDMENT: GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Act or other controlling
law. Neither changes in the methods nor means of implementing any part of the service
programs nor changes in the responsibilities of the various departments of the City will
constitute amendments to this Plan and the City reserves the right to make such changes. This
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Plan is subject to and will be interpreted when in accordance with the Act, the Constitution and
laws of the federal governments of the United States of America and the State of Texas, and the
orders, rules and regulations of governmental bodies and officers having jurisdiction.
III. FORCE MAJEURE
Should a force majeure interrupt the service described herein, the City will resume services
under this Plan within a reasonable time after the cessation of the force majeure. "Force
Majeure," for the purpose of this Plan will include, but not be limited to, acts of God, acts of the
public enemy, ware blockades, insurrection, riots, epidemics, landslides, lightning, earthquakes,
fire, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and other inability of the City, whether similar to those
enumerated or otherwise, which is not within the control of the City.
IV. ENTIRE PLAN
This document contains the entire and integrated Service Plan relating to the Tract, and
supersedes all other negotiations, representations, plans and agreements, whether written or
oral.
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STATE OF TEXAS §
COUNTY OF BRAZORIA §
Pr! RIO. ► ICJP,L CSURT
1011 N0V 15 AM I I : 08
CHAPTER 43 TEXAS LOCAL GOVERN ✓7E IADE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
1
Page 14 of 59
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
2
Page 15 of 59
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this / day of /1/D2015:
3
Page 16 of 59
E-40f-a--Y
Owner /
Printed Nam �C} �le-ir✓A- Coo C( G �iRM !D Ef Cw �i�% EXEGL
P
Owner
Printed Name:
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
4
Page 17 of 59
THE STATE OF TEXAS
COUNTY OF BRAZORIA
§
§
This instrument was acknowledged/before mmee on the
201�S, byyca ,`✓1,—t_ F (/�✓ , Owner.
'�N t Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the
2015, by , Owner.
SUSAN SHEN
My Commission Expires
May 12, 2019
/�
day of /14
day of
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF)
This instrument was acknowledged before me on the day of
2015, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
5
Page 18 of 59
Exhibit A
6
Page 19 of 59
CITY OF PEARLAND
Proposed Annexation Area: A
Owner Name:
Campbell Larry Estate
Agricultural Property ID:
179015
Land Use Code:
D1
CODE CLASSIFICATION
D1 Real, Qualified Agricultural Land
1D1 Real. Qualified Agricultural land (FICAO:
02 Real. Unqualified Agncultural Land
D3 Farm land
D�1 Undeveloped
E1 Real, Farm & Ranch Improved
E2 Farm Ranchland Improvements & Land
r _64 .3"90 iiiiBdAgricu tune Land
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 200 feet
SEPTEMBER 2017
GIS DEPARTMENT
CO
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1600
pearlandtx.gov
October 23, 2017
Greetings Property Owner(s):
The records of the Brazoria County Appraisal District indicate that you are the owner of the real
property identified by Agricultural Property ID number (hereinafter referred to as Subject Property)
on the enclosed map. Those records also show that the referenced real property is appraised for
ad valorem tax purposes as land used for agriculture, wildlife management, or timber.
The Subject Property is located in the extraterritorial jurisdiction (ETJ) of the City of Pearland (the
"City"). The City intends to exercise its right to annex certain land currently located in its ETJ, and
the Subject Property is located within the proposed annexation. Pursuant to Section 43.035 of
the Texas Local Government Code, the City offers to you as the oWner of the Subject Property
the enclosed development agreement (the "Agreement").
Please carefully review the Agreement, as it is a legal contract to which you would be bound if
you agree to it. As such, if you choose to accept it the Agreement would affect your legal rights.
You may contact Joel Hardy with the City's Administration Department with general questions
about this process, but please consult your own attorney if you need legal advice or answers to
specific legal questions. Mr. Hardy may be reached by phone at (281) 652-1795 or via email at
jhardyna,pearlandtx.clov.
If you would like the Subject Property to be covered by the Agreement, please have all owners
sign the Agreement on the owner line(s) and print each name below the signature. After signing,
the Agreement will need to be acknowledged before a notary public, after which you may return
it to us using the enclosed, self-addressed, stamped envelope. You may also hand deliver the
Agreement after signing and having it notarized before one of the City's notaries. The City
requests that you make a decision regarding whether you will accept the Agreement on or
before November 17, 2017. If you do not return the executed Agreement to the City by that
deadline, we will consider your inaction as a rejection of the Agreement.
If you are NOT an owner of the Subject Property, or if the Subject Property is NOT appraised for
agriculture, wildlife management, or timber use, please notify Mr. Hardy at your earliest
convenience so that he can update our information to ensure that you are not erroneously affected
by the City's proposed annexation.
Reg
Joel ardy, InterimMa ment Assistant
City of Pearland
Page 21 of 59
s
COUNTY OF BRAZORIA §
CIIAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
1
Page 22 of 59
Juuuivau LcvL1J1.11cl Lu11111b+ 1cqu11c111c111J apply W LUG rlupclly, a11U Will tile
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
2
Page 23 of 59
,G ,uou i. ruiy poison wiiu xua of wuvcys any puiuuu of uic r1opGiiy J11a11, pilot ui suuii laic
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of , 2015.
3
Page 24 of 59
Owner
Printed Name:
Owner
Roevt,-z
eA5-
PrintedName: Al m cN E s -e1\ ti eV t,Z-
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
4
Page 25 of 59
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the (34h day of 1\)/07•4v+r\k9-0-e-
aOr i
.2O.l4 by i o c*D , Owner.
CARMEN C. VASQUEZ
Notary Public. State of Texas
My Commission Expires
June 10, 2019
THE STATE OF TEXAS
COUNTY OF 13rozo4 ic,
This instrument was acknowledged before me on the !'{fin day of Mt Vtyvtb--r
204-5rb Pt•\
Y
Not ic, Stdte ofinexas
THE STATE OF TEXAS
# 4APR1 Owner.
CARMEN C. VASQUEZ
Notory Public, State of Texas
My Commission Expires
June 10, 2019
i
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF}
This instrument was acknowledged before me on the day of
2015, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
5
Page 26 of 59
Exhibit A
6
Page 27 of 59
CHEVEZ ROBERTO
& ALMA ESTELA
CITY OF PEARLAND
Proposed Annexation Area: A
Owner Name:
Chevez Roberto
Alma Estela
Agricultural Property ID:
511977
Land Use Code:
D1
CODE CLASSIFICATION
01 Deal, Qualified Agrlcuabral Land
101 Real, Quniifted Agricultural Land ZHCADj
02 Real, urtfytlalit ied1igncuitteal aul
D 3 :arm LAalil
04 Undeveloped.
El Real, Fbrrit &Beech. Improved
Ea Farm Rand'I ttrdImprove-menu & Land
Ea unquaiinectl dcuitum Land
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 200 feet
SEPTEMBER 2017
GIS DEPARTMENT
Page 28 of 59
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1600
pearlandtx.gov
October 23, 2017
Greetings Property Owner(s):
tl5ricv��i-����
gyp: 511176
The records of the Brazoria County Appraisal District indicate that you are the owner of the r
property identified by Agricultural Property ID number (hereinafter referred to as Subject Propel
on the enclosed map. Those records also show that the referenced real property is appraised
ad valorem tax purposes as land used for agriculture, wildlife management, or timber.
The Subject Property is located in the extraterritorial jurisdiction (ETJ) of the City of Pearland
"City"). The City intends to exercise its right to annex certain land currently located in its ETJ,
the Subject Property is located within the proposed annexation. Pursuaht to Section 43.03f
the Texas Local Government Code, the City offers to you as the owner of the Subject Prop€
the enclosed development agreement (the `Agreement").
Please carefully review the Agreement, as it is a legal contract to which you would be bourn
you agree to it. As such, if you choose to accept it the Agreement would affect your legal rig1
You may contact Joel Hardy with the City's Administration Department with general questic
about this process, but please consult your own attomey if you need legal advice or answers
specific legal questions. Mr. Hardy may be reached by phone at (281) 652-1795 or via email
jhardyApearlandtx.gov.
If you would like the Subject Property to be covered by the Agreement, please have all ownf
sign the Agreement on the owner line(s) and print each name below the signature. After signii
the Agreement will need to be acknowledged before a notary public, after which you may rett
it to us using the enclosed, self-addressed, stamped envelope. You may also hand deliver 1
Agreement after signing and having it notarized before one of the City's notaries. The C
requests that you make a decision regarding whether you will accept the Agreement on
before November 17, 2017. If you do not retum the executed Agreement to the City by tl
deadline, we will consider your inaction as a rejection of the Agreement.
If you are NOT an owner of the Subject Property, or if the Subject Property is NOT appraised
agriculture, wildlife management, or timber use, please notify Mr. Hardy at your earlif
convenience so that he can update our information to ensure that you are not erroneously affect
by the City's proposed annexation.
Reg
Joel Hardy, Interim Ma geme nt Assistant
City of Pearland
Page 29 of 59
STATE OF TEXAS §
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings toannex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the terms of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
1
Page 30 of 59
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Govemment Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
2
Page 31 of 59
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of , 2015.
3
Page 32 of 59
Owner
Printed Name: 7 V A f
Le_o►1el Rorhew
kl(a, /Ct'Vykrt.o)
Owner
Printed Name: KAf (nq L 5.5 e-1� R omero
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
4
Page 33 of 59
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the 3 day of NCNKINNIry:-(-
aoi i
2015; by S..\10_ fir' Raw -a r o , Owner.
Notary Pub
THE STATE OF TEXAS
COUNTY OF 8Ze) { ih
'y.. CARMEN C. VASQUEZ
' ie Notory Public, State of Texas
- My Commission Expires
�` ;'::. June 10, 2019
This instrument was acknowledged before me on the 13µ-. day of
aofl
29i5, by itINUrlrA L .c (1.o.•vtic, Owner.
THE STATE OF TEX
COUNTY OF
Noer NbQr
fti CARMEN C. VASQUEZ
?+�!• allotory Public, State of Texas
My Commission Expires
June 10, 2019
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF}
This instrument was acknowledged before me on the day of
2015, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
5
Page 34 of 59
Exhibit A
6
Page 35 of 59
CITY OF PEARLAND
Proposed Annexation Area: A
Owner Name:
Romero Ivan Leonel
Karina L
Agricultural Property ID:
511976
Land Use Code:
El
CODE CLassn- i ION
Ua0Ntd A flc ItURtt rand
.Otnitfied Arrculttual Land (HHCADt
peal. Lingualrfied Agncutttusl tend
.enn Land
Undeveloped
neat. rann & Roads tmgroued
Thia product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approximate relative location
of property boundaries.
1 inch = 133 feet
SEPTEMBER 2017 to
GIS DEPARTMENT
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1600
peariandtx.gov
Greetings Property Owner(s):
A00 Gvh-v rc,,
3 D. 53 8—n
October 23, 2017
The records of the Brazoria County Appraisal District indicate that you are the owner of 1
property identified by Agricultural Property ID number (hereinafter referred to as Subject Pi
on the enclosed map. Those records also show that the referenced real property is appra
ad valorem tax purposes as land used for agriculture, wildlife management, or timber.
The Subject Property is located in the extraterritorial jurisdiction (ETJ) of the City of Pearla
"City"). The City intends to exercise its right to annex certain land currently located in its E.
the Subject Property is located within the proposed annexation. Pursuaht to Section 43
the Texas Local Govemment Code, the City offers to you as the owner of the Subject P
the enclosed development agreement (the "Agreement").
Please carefully review the Agreement, as it is a legal contract to which you would be b
you agree to it. As such, if you choose to accept it the Agreement would affect your legal
You may contact Joel Hardy with the City's Administration Department with general qui
about this process, but please consult your own attorney if you need legal advice or ansl
specific legal questions. Mr. Hardy may be reached by phone at (281) 652-1795 or via e
ihardv pearlandtx gov.
If you would like the Subject Property to be covered by the Agreement, please have all
sign the Agreement on the owner line(s) and print each name below the signature. After s
the Agreement will need to be acknowledged before a notary public, after which you may
it to us using the enclosed, self-addressed, stamped envelope. You may also hand deli)
Agreement after signing and having it notarized before one of the City's notaries. Th
requests that you make a decision regarding whether you will accept the Agreement
before November 17, 2017. If you do not return the executed Agreernent to the City t
deadline, we will consider your inaction as a rejection of the Agreement.
If you are NOT an owner of the Subject Property, or if the Subject Property is NOT apprar
agriculture, wildlife management, or timber use, please notify Mr. Hardy at your e
convenience so that he can update our information to ensure that you are not erroneously al
by the City's proposed annexation.
Reg
Joel ardy, Interim Maha(gement Assistant
City of Pearland
Page 37 of 59
STATE OF TEXAS
§
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas L
Government Code by and between the City of Pearland, Texas (the "City") and the undersi€
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria Cou
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or port:
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritc
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of
Texas Local Government Code, in order to address the desires of the Owner and the procedi
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the par
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Own,
Property, its immunity from annexation by the City, and its immunity from City property ta;
for the term of this Agreement, subject to the provisions of this Agreement. Except as provi
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily instil
proceedings to annex the Property, and further agrees not to include the Property in a statut
annexation plan for the Term of this Agreement. However, if the Property is annexed purse
to the terms of this Agreement, then the City shall provide services to the Property pursuan
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Te
Tax Code, except for existing single-family residential use of the property, without the p;
written consent of the City. The Owner covenants and agrees that the Owner will not file ;
type of subdivision plat or related development document for the Property with Brazoria Cou
or the City until the Property has been annexed into, and zoned by, the City. The Ow
covenants and agrees not to construct, or allow to be constructed, any buildings on the Propt
that would require a building permit if the Property were in the city limits, until the Property
been annexed into. and zoned by, the City. 1 he Owner also covenants and agrees that the Cit
1
Page 38 of 59
Suburban Development (SD) District zoning requirements apply to the Property, and that
Property shall be used only for Suburban Development (SD) District zoning uses, as describe
the City's Unified Development Code, that exist on that Property at the time of the executioi
this Agreement, unless otherwise provided in this Agreement. However, the Owner i
construct an accessory structure to an existing single family dwelling in compliance with
applicable City ordinances and codes. The Owner acknowledges that each and every owne
the Property must sign this Agreement in order for the Agreement to take full effect, and
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, I
harmless, and defend the City against any and all legal claims, by any person claiming
ownership interest in the Property who has not signed the Agreement, arising in any way fi
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is file,
violation of this Agreement, or if the Owner commences development of the Property
violation of this Agreement, then in addition to the City's other remedies, such act will consti
a petition for voluntary annexation by the Owner, and the Property will be subject to annexa'
at the discretion of the City Council. The Owner agrees that such annexation shall be volun
and the Owner hereby consents to such annexation as though a petition for such annexation
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the OK
acknowledges that this Agreement serves as an exception to Local Government Code Seel
43.052, requiring a municipality to use certain statutory procedures under an annexation p
Furthermore, the Owner hereby waives any and all vested rights and claims that they may h
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that we
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pdrsuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the (
is authorized to enforce all of the City's regulations and planning authority that do not materi.
interfere with the use of the Property for agriculture, wildlife management, or timber, in the sz
manner the regulations are enforced within the City's boundaries. The City states
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government C
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter :
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the C
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition
voluntary annexation before the end of the Term, for annexation of the Property to be comple
on or after the end of the Term. Prior to the end of the Term, the City may commence
voluntary annexation of the Property. In connection with annexation pursuant to this section,
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chai
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat
construction any of the owners may initiate during the time between the expiration of 1
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AC
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of
property's permanent zoning in accordance with the provisions of applicable law and the Cit
Code of Ordinances.
2
Page 39 of 59
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any
change in the agricultural exemption status of the Property. A copy of either notice required by
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respective
successors and assigns for the Term and run with the Property and be recorded in the real
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is
void or unenforceable, including the covenants regarding involuntary annexation, then the
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceability
of this Agreement or the City's ability to annex the properties covered herein pursuant to the
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, upon
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for the
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of , 2015.
3
Page 40 of 59
Printed Name:
3"05e, RCNv I Rc'm ro
Printed Name: ZVGn Leon el Romero
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
4
Page 41 of 59
THE STATE OF TEXAS
COUNTY OF BRAZORIA
This instrument was acknowledged before me on the
241-5, 01`I
by , k'E` �Ci . \ , Owner.
Notary Publ's ate o ex
THE STATE OF TEXAS
COUNTY OF bra'Zorr
t '43» day of
November
i
4
.�+. CARMEN C. VASQUEZ
R.''' • Notory Public. Stole of Texas
�f My Commission Expires
4."'4'w'F June 10. 2019
This instrument was acknowledged before me on the 1344N day of tN` cNev'46-e_.0
�n 11
281.5, by t•,tr.Q (t % Owner.
Notary P
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
• P� r,t4,4 CARMEN C. VASQUEZ
Notory Public, Stole of Texas
My Commission Expires
June 10, 2019
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF}
This instrument was acknowledged before me on the day of
2015, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
5
Page 42 of 59
Exhibit A
6
Page 43 of 59
CITY OF PEARLAND
Proposed Annexation Area: A
Owner Name:
Romero Jose Raul
Ivan
Agricultural Property ID:
538796
Land Use Code:
D1
CODE CLASSIFICATION
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or mirveying purpot,e, It
does not represent an on -the -ground surrey and
represents only the approximate relative location
of property boundaries.
1 inch = 100 feet
SEPTEMBER 2017
GIS DEPARTMENT
Page 44 of 59
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Tel: 281.652.1600
pearlandtx.gov
October 23, 2017
Greetings Property Owner(s):
The records of the Brazoria County Appraisal District indicate that you are the owner of
property identified by Agricultural Property ID number (hereinafter referred to as Subject P
on the enclosed map. Those records also show that the referenced real property is appri
ad valorem tax purposes as land used for agriculture, wildlife management, or timber.
The Subject Property is located in the extraterritorial jurisdiction (ETJ) of the City of Pearl;
"City'). The City intends to exercise its right to annex certain land currently located in its E
the Subject Property is located within the proposed annexation. Pursuaht to Section 4:
the Texas Local Govemment Code, the City offers to you as the owner of the Subject F
the enclosed development agreement (the 'Agreement').
Please carefully review the Agreement, as it is a legal contract to which you would be t
you agree to it. As such, if you choose to accept it the Agreement would affect your lega
You nay contact Joel Hardy with the City's Administration Department with general qt.
about.this process, but please consult your own attorney if you need legal advice or ans
specific legal questions. Mr. Hardy may be reached by phone at (281) 652-1795 or via
ihardy(. earlandtx,gov.
If you would like the Subject Property to be covered by the Agreement, please have all
sign the Agreement on the owner line(s) and print each name below the signature. After:
the Agreement will need to be acknowledged before a notary public, after which you ma:
it to us using the enclosed, self-addressed, stamped envelope. You may also hand del
Agreement after signing and having it notarized before one of the City's notaries. TI
requests that you make a decision regarding whether you will accept the Agreemen
before November 17, 2017. If you do not retum the executed Agreement to the City
deadline, we will consider your inaction as a rejection of the Agreement.
If you are NOT an owner of the Subject Property, or if the Subject Property is NOT apprai
agriculture, wildlife management, or timber use, please notify Mr. Hardy at your
convenience so that he can update our information to ensure that you are not erroneously a
by the City's proposed annexation.
Reg
Joel lardy, Interim Ma gemen Assistant
City of Pearland
Page 45 of 59
STATE OF TEXAS §
COUNTY OF BRAZORIA §
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local
Government Code by and between the City of Pearland, Texas (the "City") and the undersigned
property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property.
WHEREAS, the Owner owns a parcel of real property (the "Property") in Brazoria County,
Texas, which is more particularly and separately described in the attached Exhibit "A"; and
WHEREAS, the City has begun the process to institute annexation proceedings on all or portions
of Owner's Property; and
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial
jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the
Texas Local Government Code, in order to address the desires of the Owner and the procedures
of the City; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's
Property, its immunity from annexation by the City, and its immunity from City property taxes,
for the term of this Agreement, subject to the provisions of this Agreement. Except as provided
in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute
proceedings to annex the Property, and further agrees not to include the Property in a statutory
annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant
to the teens of this Agreement, then the City shall provide services to the Property pursuant to
Chapter 43 of the Texas Local Government Code.
Section 2. The Owner covenants and agrees not to use the Property for any use other than for
agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas
Tax Code, except for existing single-family residential use of the property, without the prior
written consent of the City. The Owner covenants and agrees that the Owner will not file any
type of subdivision plat or related development document for the Property with Brazoria County
or the City until the Property has been annexed into, and zoned by, the City. The Owner
covenants and agrees not to construct, or allow to be constructed, any buildings on the Property
that would require a building permit if the Property were in the city limits, until the Property has
been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's
1
Page 46 of 59
Suburban Development (SD) District zoning requirements apply to the Property, and that the
Property shall be used only for Suburban Development (SD) District zoning uses, as described in
the City's Unified Development Code, that exist on that Property at the time of the execution of
this Agreement, unless otherwise provided in this Agreement. However, the Owner may
construct an accessory structure to an existing single family dwelling in compliance with all
applicable City ordinances and codes. The Owner acknowledges that each and every owner of
the Property must sign this Agreement in order for the Agreement to take full effect, and the
Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold
harmless, and defend the City against any and all legal claims, by any person claiming an
ownership interest in the Property who has not signed the Agreement, arising in any way from
the City's reliance on this Agreement.
Section 3. The Owner acknowledges that if any plat or related development document is filed in
violation of this Agreement, or if the Owner commences development of the Property in
violation of this Agreement, then in addition to the City's other remedies, such act will constitute
a petition for voluntary annexation by the Owner, and the Property will be subject to annexation
at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary
and the Owner hereby consents to such annexation as though a petition for such annexation had
been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner
acknowledges that this Agreement serves as an exception to Local Government Code Section
43.052, requiring a municipality to use certain statutory procedures under an annexation plan.
Furthermore, the Owner hereby waives any and all vested rights and claims that they may have
under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would
otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein.
Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City
is authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the use of the Property for agriculture, wildlife management, or timber, in the same
manner the regulations are enforced within the City's boundaries. The City states and
specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code
to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212
development agreement.
Section 5. The term of this Agreement (the "Term") is five (5) years from the date that the City
Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all
of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for
voluntary annexation before the end of the Term, for annexation of the Property to be completed
on or after the end of the Term. Prior to the end of the Term, the City may commence the
voluntary annexation of the Property. In connection with annexation pursuant to this section, the
Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter
245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or
construction any of the owners may initiate during the time between the expiration of this
Agreement and the institution of annexation proceedings by the City.
Section 6. Property annexed pursuant to this Agreement will initially be zoned AO —
Agricultural Open pursuant to the City's Code of Ordinances, pending determination of the
property's permanent zoning in accordance with the provisions of applicable law and the City's
Code of Ordinances.
2
Page 47 of 59
Section 7. Any person who sells or conveys any portion of the Property shall, prior to such
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee,
shall give written notice of the sale or conveyance to the City. Furthermore, the Owner anc
Owner's heirs, successor, and assigns shall give the City written notice within 14 days of
change in the agricultural exemption status of the Property. A copy of either notice require,
this section shall be forwarded to the City at the following address:
City of Pearland
Attn: City Manager
3519 Liberty Drive
Pearland, Texas 77584
Section 8. This Agreement shall is binding upon the City and the Owner and their respec
successors and assigns for the Term and run with the Property and be recorded in the
property records of Brazoria County, Texas.
Section 9. If a court of competent jurisdiction determines that any covenant of this Agreeme
void or unenforceable, including the covenants regarding involuntary annexation, then
remainder of this Agreement shall remain in full force and effect. Section 10. This Agreen
may be enforced by any Owner or the City by any proceeding at law or in equity. Failure tc
so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter.
Section 11. No subsequent change in the law regarding annexation shall affect the enforceab
of this Agreement or the City's ability to annex the properties covered herein pursuant to
terms of this Agreement.
Section 12. Venue for this Agreement shall be in Brazoria County, Texas.
Section 13. This Agreement may be separately executed in individual counterparts and, u
execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent necessary for
implementation of the provisions of Sections 3, 4, and 5 herein.
Entered into this day of . 2015.
3
Page 48 of 59
Qs21n-X- fk-DeN-1'1A7T-
'Owner
Printed Name: Rene Rohe\ R oms o
Owner
Printed Name:
Owner
Printed Name:
Owner
Printed Name:
Clay Pearson
City Manager, City of Pearland, Texas
4
Page 49 of 59
/STATEOFTEXAS
OUNTY OF BRAZORIA
This instrument was acknowledged before me on the I'MAA day of
a.ct1
2913, by t= =•e-
Notary Publ''"""of" as'
TI-IE STATE OF TEX S
COUNTY OF
This instrument was acknowledged before me on the
2015, by , Owner.
Nu) , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
NOVernh�
"�"° CARMEN C. VASQUEZ
P." ee Notary Public, Stole of Texas
My Commission Expires
% :«„:^ June 10, 2010
day of
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
2015, by , Owner.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF)
This instrument was acknowledged before me on the day of
2015, by Clay Pearson, City Manager, City of Pearland, Texas.
Notary Public, State of Texas
5
Page 50 of 59
Exhibit A
6
Page 51 of 59
CITY OF PEARLAND
Proposed Annexation Area: A
Owner Name:
Romero Rene
Agricultural Property ID:
511978
Land Use Code:
El
CODE CIASSIFIC-ATnrl
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undeveloped
Rea I. Farm 6 Ranch tn. Jrwad
Farm Ranchland Improvrmv'ns L land
Unquallfled Agriculture time!
This product is for informational purposes and
may not have been prepared for or be suitable
for legal, engineering, or surveying purposes. It
does not represent an on -the -ground survey and
represents only the approrimate relative location
of property boundaries.
1 inch = 200 feet
.l 21a •4- -
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ORDINANCE NO. 1548
An ordinance extending the city limits of the City of Pearland, Texas, to
include certain land area within certain limits and boundaries and annexing
to the City of Pearland the area within such limits and boundaries (Area A,
approximately 885 acres of land generally located north of Brazoria County
MUD 22, east of County Road 564, south of County Road 92, and west of
County Road 48); approving a service plan for all of the area within such
limits and boundaries; containing an effective date and other provisions
related to the subject; and providing a savings and severability clause.
WHEREAS, the City Council of the City of Pearland, Texas, has, following due notice
and publication in accordance with the requirements of §43.063, Tex. Local Govt. Code,
conducted two (2) public hearings regarding the City's intended annexation of certain territory
located contiguous to the City and within the City's extraterritorial jurisdiction; and
WHEREAS, public hearings were conducted before the City Council on October 9, 2017
and on October 16, 2017, in the 2nd Floor Training Room, Public Safety Building, 2555 Cullen
Parkway, Pearland, Texas; and
WHEREAS, Chapter 43, Tex. Local Govt. Code, establishes the procedures for the
annexation of territory, including the preparation of a plan for extension of municipal services
into the area annexed to the City; and
WHEREAS, the City intends to fulfill those obligations imposed upon it by state law
regarding newly annexed areas, including timely provision of municipal services as required by
law; and
WHEREAS, the City Council finds and determines that the annexation intended by this
Ordinance is in the best interests of the City of Pearland and benefits the health, safety, and
welfare of the citizens of said City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the boundaries and limits of the City of Pearland, Texas are hereby
extended to embrace and include all of the territory described and depicted in Exhibits "A" and
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ORDINANCE NO. 1548
"B" attached hereto and made a part hereof, with the exception of the properties identified in
Section 3 of this Ordinance which are specifically excluded from this annexation.
Section 2. The plan for extension of municipal services into the territory annexed to
the City of Pearland by the provisions of this Ordinance is set forth in the City of Pearland,
Texas, Service Plan for approximately 885 acres, more or less, to be annexed into the City of
Pearland, Brazoria County, Texas attached hereto as Exhibit "C" and made a part hereof for all
purposes. Such Municipal Service Plan is hereby approved.
Section 3. Pursuant to Section 43.035 of the Tex. Local Govt. Code, the City of
Pearland offered certain property owners (agriculturally exempt properties) the right to maintain
their extraterritorial status and have their properties excluded from this annexation by entering
into a Development Agreement; therefore the properties that are the subject of the Development
Agreements attached hereto as Exhibits ("D", "E", "F", "G" and "H") are hereby excluded from
the boundaries of this annexation.
Section 4. The City Council officially finds, determines, recites and declares that
sufficient written notices of the date, hour, place and subject matter of the meetings of the City
Council at which this Ordinance was considered were posted at a place convenient to the public
at the City Hall of the City of Pearland for the time required by law preceding said meetings, as
required by law; and that said meetings have been open to the public, as required by law, at all
times during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notices and the contents and posting thereof.
Section 5. Savings. All rights and remedies which have accrued in favor of the City
under this Chapter and amendments thereto shall be and are preserved for the benefit of the
City.
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ORDINANCE NO. 1548
Section 6. Severability. If any section or part of this Ordinance be held
unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any
territory, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part
shall in no wise affect, impair or invalidate the remaining portions, the same shall be and remain
in full force and effect; and should this Ordinance for any reason be ineffective as to any part of
the area hereby annexed to the City of Pearland, such ineffectiveness of this Ordinance as to
any such part or parts of any such areas shall not affect the effectiveness of the Ordinance as to
all of the remainder of such area, and the City Council hereby declares it to be its purpose to
annex to the City of Pearland, subject to the limitations contained herein, the area described in
Exhibit "A", attached hereto, regardless of whether any other part of such described area is
hereby effectively annexed to the City. Provided, further, that if there is included in the general
description of territory set out in Exhibit "A", attached hereto, any land or area which is already a
part of and included within the general limits of the City of Pearland, or which is presently part of
and included in the limits of any other city, town or village, or which is not within the City of
Pearland's jurisdiction to annex, the same is hereby excluded and excepted from the territory to
be annexed as fully as if such excluded and excepted area was specifically described herein.
Section 7. Effective Date. This ordinance shall become effective immediately upon its
second and final reading.
PASSED and APPROVED on First Reading this the day of
, A. D., 2017.
TOM REID
MAYOR
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ORDINANCE NO. 1548
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
PASSED and APPROVED on Second and Final Reading this the day of
,A.D.,2017.
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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